With the publicity surrounding the May 25, 2018 implementation of the European Union's GDPR, many United States-based registered funds and advisers are continuing to ask whether and how the GDPR will apply to them.

In two recent, related decisions, U.S. District Judge James Donato from the Northern District of California allowed plaintiffs to proceed on claims against Facebook under the Illinois Biometric Information Privacy Act ("BIPA"), finding that non-compliance with BIPA's notice and consent requirements provided sufficient injury for federal Article III standing.

On February 28, 2018, President Trump's four nominees to head the FTC advanced to the Senate for confirmation and now appear poised to assume leadership of an agency grappling with its data security enforcement powers.